Understanding how motorcycle injury pain and suffering affects your case and is important for anyone following a motorcycle accident. Motorcycle injury compensation is affected largely by the amount someone has suffered during and after the crash.
No one wants to suffer a painful injury. Motorcycles often result in incredibly horrific injuries that cause intense pain and trauma. In addition to the pain you experience at the time of the injury, the healing process can also be incredibly grueling. Add to that the ongoing pain and disability that you experience after a crash and most people would agree that you deserve compensation.
As a motorcycle accident lawyer for over thirty years, I have represented hundreds of injured bikers after their crashes. I have been there in the days following their motorcycle accidents. I have seen the pain they have suffered and the trauma and damage to their mental health, as well. Unlike car accidents, motorcycle accidents often result in severe injuries. Such severe injuries go hand in hand with greater pain and suffering.
I strongly advocate for the rights of injured motorcyclists to receive fair and just compensation for their losses. In addition to economic losses like medical bills, property damage, and lost pay, most bikers also deserve compensation for motorcycle injury pain and suffering. I understand that injured motorcyclists should be compensated for pain and suffering, and I fight hard to ensure they receive money for economic and non-economic losses.
When considering the value of your motorcycle accident claim, it can be difficult to put a monetary figure on pain and suffering. The emotional and physical trauma suffered during and after a motorcycle accident is tremendous and for far too many injured bikers, this trauma continues for months and even years. Insurance companies try to base settlements on factors that are easily calculated in a motorcycle accident, like medical bills or lost wages. But we understand that a large part of your injury settlement is the pain and suffering you have struggled with due to your injuries.
How Is Pain and Suffering Calculated?
In general, pain and suffering is calculated using a formula. The non-economic damages are usually multiplied by 1.5 to 5.0, and this amount is considered the compensation for pain and suffering. This formula can vary, of course. Overall, higher multiples indicate a greater than average amount of pain and suffering. And remember that pain and suffering can be emotional too, not just physical. Although it can be difficult to apply a set dollar amount to the pain you have experienced, the multiplier method does give a general amount for trauma, both emotional and physical.
Emotional pain and suffering can come about in a number of ways. Often, there is significant emotional trauma simply from the accident itself. Motorcycle accidents tend to be horrific, and being involved in one can be truly devastating. Some people find they were so traumatized by their motorcycle accident that they develop post traumatic stress disorder (PTSD). PTSD can result in ongoing anxiety and a general state of unease.
For many people, the pain of the accident adds to the emotional trauma. Severe motorcycle accident injuries can be incredibly painful. In addition to the pain when the accident occurs, many people experience ongoing pain while they are in the process of healing. And for some, the pain will never go away. In cases like this, special consideration is paid to the additional pain and suffering.
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What Are Other Non-Economic Damages?
Pain and suffering is considered a non-economic damage. That is to say, it is abstract and more challenging to assign a particular dollar amount to it. Other losses covered under the pain and suffering umbrella include loss of consortium, loss of the ability to enjoy activities, and the exacerbation of prior injuries. Loss of consortium refers to the ability to have a family relationship (including intimate relationship) with a partner. It is often a factor in cases in which a motorcyclist is killed, leaving a spouse behind.
Exacerbation of prior injuries occurs when you have a documented injury in the past that is worsened or intensified after your motorcycle accident. For example, you may suffer from lower back pain for a number of years prior to your motorcycle accident. After your accident, the pain may be much worse and debilitating. Although the full injury was not due to the motorcycle crash, you certainly have suffered in the worsening of the condition. This is part of your pain and suffering claim.
Although there are a number of factors that are considered when determining the settlement amount, the ones listed above are primary. Another consideration could be the loss of ability to enjoy activities. For example, if you are an avid runner, but you break your leg in a motorcycle crash, you may no longer be able to run as you did before. As you can see, some of these conditions need to be considered on a case by case basis.
At the Law Firm of Kass & Moses, our personal injury lawyers have been representing motorcycle accident victims for over three decades. We work closely with you throughout the legal process, keeping you informed every step of the way. We take the time to discuss the factors that are important in your case. Having represented hundreds of motorcycle accident cases, we know well how to present your claim in the best possible light. For a free consultation, contact us right away at 1-800-MOTORCYCLE. Do not wonder how motorcycle injury pain and suffering affects your case – talked to an experienced motorcycle accident lawyer today!
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